Your Lawyer Can Now Hack Your Brain: The ABA's Dangerous New Rules!
Psych 🧠 - 411/500
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What is it?
This law review article discusses the American Bar Association's revisions to its Model Rules regarding attorney advertising and solicitation, specifically focusing on text-based marketing.
It examines whether these rule changes adequately address the potential for overreach and the persuasive power of smartphone technology on potential clients.
Key Findings:
The new rules loosen restrictions on attorney solicitation by allowing real-time electronic contact, like text messaging.
Text messages have a powerful effect on the human brain, making them potentially too persuasive, especially for vulnerable individuals.
The new rules may not be sufficient to protect the public from potential overreach by attorneys.
Older rule restrictions are more effective to combat this issue.
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What do I need to know:
Be wary of unsolicited legal advice via text message. The law is evolving, and the ethical rules governing attorney advertising and solicitation are complex.
Attorneys must be careful not to overreach or violate ethical rules when using text messaging for marketing, although many laws and lawyers do not realize this.
The article suggests that the legal profession needs more oversight to protect potential clients from overbearing attorneys.
Source:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3729535